Termination For Disability Employment Agreement

Finally, I would like to touch briefly on the existence of collective agreements which recognise the right of the worker to be compensated in the event of termination of the contract for this reason. They also recognise the right of the worker to request a change of employment in the undertaking when a complete permanent disability is declared and when there is a vacancy for which he is considered physically and psychologically fit. The permanent disability or severe disability of a worker may lead either to the termination of the contract of employment on the basis of Article 49.1 (e) of the Worker`s Statute, or simply to the suspension of the contract, subject to the employment provided for in Article 48 of the Staff Regulations. The differentiation of the two hypotheses is fundamental, because if the contract is terminated at the request of the employer without fulfilling the conditions necessary to exploit the cause of the legal termination of the contract, this could be qualified as unjustified termination. (iii) all sums outstanding, accumulated or due but not yet paid under this Agreement; and now, if the INSS decides, at the time of qualification, to qualify the permanent disability of the employee, what are the possibilities of the company? A worker`s temporary disability situation has an initial duration of 365 days, renewable, for a maximum of 180 additional days. At the end of this maximum period of 545 days, the situation of temporary disability is extinguished and the National Social Security Institute (NISS) must choose between registering the worker with the resulting return of the worker to the workplace or launching a permanent act of invalidity. On the other hand, the suspension of the employment contract is extended if the following conditions are met: on the one hand, Article 49.1(e) of the Workers` Statute stipulates that the employment contract shall lapse on account of severe disability or complete or complete disability of the worker, unless otherwise provided for in the applicable collective agreement or in the employment contract, there is no right to compensation. For its part, Article 48.2 of the Workers` Statute provides that, in the case of a temporary disability, after that situation has been extinguished by the declaration of a permanent disability equal to the total and permanent incapacity of the usual occupation, total incapacity for work or severe disability, if, following the judgment of the assessment body, the situation of the worker`s incapacity for work is likely to be improved, which allows his reinstatement at the workplace, has been modified; the suspension of the employment relationship is subject to employment for a period of two years from the date of the decision declaring the disability permanent. . .


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